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STATE v. MAYHEW

Cr. No. 433.

207 N.W.2d 330 (1973)

STATE of North Dakota, Plaintiff and Respondent, v. Curtiss MAYHEW, Defendant and Appellant.

Supreme Court of North Dakota.

May 11, 1973.

Attorney(s) appearing for the Case

Christensen, Christensen & Bear, Bismarck, for defendant and appellant.

Helgi Johanneson, Atty. Gen., Bismarck, and Linn Sherman, State's Atty., Steele, for plaintiff and respondent.

TEIGEN, Judge.

The defendant has appealed from an order of the district court which sets aside as null and void a preliminary examination in a criminal case because it was held before a county justice who was not qualified to hold the office on appointment by the county commissioners.

The defendant was arrested and charged with the crime of embezzlement, a felony. He was taken for a preliminary examination before Mel D. Diers, who had been appointed county...

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